Hearn & Fleener, Construction Attorneys
● Apartments.

Apartments.

Clear answers for owners and investors.

Request a Free Inspection Our Process
Illustration of two Colorado apartment buildings with a pool courtyard and ponds, with downtown Denver and the Rocky Mountains behind
Recognized by Best Lawyers.For owners and investors, clear answers matter most.
For Owners & Investors.

Clear Answers.
Protected Income.

In an apartment building, construction defects affect more than repairs. They can affect your tenants, your rental income, and your property’s value. We help you understand your options.

40+

Years of focus.

Four decades spent on one thing: how buildings are built, and how they fail.

75

Days of builder notice.

Colorado gives the builder written notice and a chance to respond before a claim is filed.

$450M+

Recovered for clients.

Won for Colorado homeowners, HOAs and property owners across the state.

$0

To find out.

Our Four-Step Process is free, with no obligation afterward.

Colorado Law.

Why Defects Hit
Rental Properties.

A defect affects tenants, income and long-term value, not just the structure. These are the numbers every owner should know before deciding on a claim.

00175

Days of notice.

Builders get 75 days’ written notice under Colorado law before a residential claim is filed.

0022

Years to act after discovery.

Colorado’s limit generally runs two years from when a defect is discovered.

0036

Years after completion.

Most claims must also be brought within six years of substantial completion, with limited extensions.

004$0

To find out.

Our Four-Step Process is free, with no obligation afterward.

Clay miniature of a hilly neighborhood globe
Your Role.

What owners and managers can do.

Tenant complaints are often the first sign of a construction problem. Good records protect your income and your claim. Hover one to learn more. Request a Free Inspection Owner Steps.
Track Work OrdersTrack Work OrdersLog tenant complaints and repeat repairs. Patterns can point to a defect.
Care for TenantsCare for TenantsLeaks, mold and failing systems affect residents and can drive turnover.
Get Advice EarlyGet Advice EarlyTalk to an attorney and experts before small problems grow.
Keep Your RecordsKeep Your RecordsSave purchase documents, plans, warranties, contracts and repair invoices.
Measure Lost IncomeMeasure Lost IncomeUnits offline for repairs or left vacant cut into rent. Keep track of it.
Watch the DeadlinesWatch the DeadlinesColorado’s limits generally run two years from discovery, so timing matters.
Watch What You SignWatch What You SignSome builder repair offers include releases. Get advice before signing.
Protect the ValueProtect the ValueUnresolved defects can affect appraisals, refinancing and a future sale.
Take ActionTake ActionLook to the builder to pay for problems it caused. Call (303) 993-6835.

What Happens If
You File a Claim.

What’s required in Colorado.

Filing a claim as an owner.

It starts with our free Four-Step Process, which gives you the facts before you decide anything. If you choose to pursue a claim, Colorado law requires a few steps first.

See Our Four-Step Process
Step 01

Four-step process.

We investigate your building and give you a clear, plain-language report.

Step 02

Notify the builder.

The builder receives written notice describing the defects before any lawsuit is filed.

Step 03

Builder inspection.

The builder has a chance to inspect the property and see the problems for themselves.

Step 04

Builder’s offer.

The builder may offer to repair the problems or pay to fix them. You decide whether to accept.

Step 05

File the claim.

If the offer doesn’t resolve things, the claim moves forward, and we guide you through each stage.

FAQsAnswers to Your Questions

Questions owners ask.

Pick a topic. Plain answers to the questions we hear most.

How do I know if problems in my building are construction defects?

Not every repair means something was built wrong. Signs that point to a defect include repeat work orders for the same issue, similar problems in several units, water getting inside, or major repairs in the first several years. Our free inspection is the easiest way to find out.

We bought the building after it was built. Can we still bring a claim?

Often, yes, but it depends on your purchase documents and how the property changed hands. Some rights pass to new owners, and some don't. We'll review your documents as part of our Four-Step Process and tell you where you stand.

Is it too late to do anything?

Maybe not, but timing matters. Colorado generally gives you two years from when a defect is discovered to file a claim. It also sets a final cutoff, usually six years after construction was finished, with a possible extension to eight years for problems found late in that window. Because the exact dates depend on your property, it's worth asking us early.

Other Property Types.

View the Properties
We Represent.

01 / 06

HOAs.

Homeowner associations.

Turn the dial, or tap a property type

Let’s Talk About
Your Property.

Free and confidential. Colorado sets deadlines for these claims, so the sooner you reach out, the more options you’ll have.

Sending this form doesn’t create an attorney-client relationship.